St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-01-29
ALAND DECISION.
1t Involves n FIghl over a Valuable
Claim.
Special to the Globe.

Special to the Globe.
WASHINGTON, Jan. 2S.-An interesting
decision was made to-day by Secretary
MuidrOw in the case of Simon Nelson VS.,
Flora E. Shaw, in the Huron land district
Few cases so peculiar or important have
been decided in long while. The tract in
question was entered June 30, $780, cash
entry in the Sioux Falls series by John
Dunn. Nelson on the 10th of March, 1852.
filed an application to contest the entry on
account of its alleged fraudulent character
The application was transmitted to the
general land office under the rules. On the
18th of May following Mrs Shaw also filed
an application to contest the entry or the
same charge. Her application was like
wise transmitted to Commissioner Near
land, who inadvertently ordered a hearing
upon both applications, which hearing was
held in September, 1882, both Nelson and
Shaw appearing and submitting testimony.
THE ENTRYMAN DEFAULTED.
The Office decided against the entryman.
but made no decision as to which contest
ant should have the preferred right of ell
try. Commissioner. Mcfarland decided the
testimony offered by either contestant was
sufficient to warrant cancellation of the ell
try attacked, and it was cancelled. 1t was
also held that neither one having filed, the
first application to contest had priority of
right over Shaw, but inaSmuch as Mrs
Shaw had alleged that Nelson's contest had
not been Initiated in good faith. but for
special purposes. by the same letter hear
ing was ordered upon those charges and a
considerable amount of testimony taken.
Upon consideration of the testi-
mony the local Office decided
in favor of Nelson, Mrs.
Shaw thereupon appealed. Commissioners
Sparks, Feb. IL, 1885, reversed the local
Offices decision and awarded the land to
Mrs. Shaw. 1t was found that at the time
Mrs. Shaw initiated her contest Nelson had
several contests pending against other en-
tries and was interested i'll the sale of with
drawalS of contests. Before Mrs. Shaws
contest Nelson offered to sell the with
drawal of this contest to Ernst c. Lyman, a
brother of Mrs. Shaw, for $50. After
Mrs. Shaw began her contest Nelson raised
the price of his withdrawal to $500, moved
upon the land with his family and COM
menced making Improvements in the SUM-
mer of 1888, Mrs. Shaw having previously
moved upon the land, made improvements
there and resided there.
SECRETARY MULDRow SAYS:
] think it evident that at the time Mrs Shaw
initiated her contest Nelson had at east three
contests pending in mis- own name, including
one under consideration and ut least two
more in the name of one Pickering in which
he was interested somewhat. The only real
question in the case is as to the character OF
the Nelson contest. 1t is found he had upon
several occasions prior TO the date when his
application to the contest was allowed by
your Office offered the REIMBURSEMENT of it
for sale. This fact renders it what was con-
sidered in former decision to be fruudu-
lent and speculative, and in the conclusion l
am unable 10 find an error of law. 1t is true.
as suggested by council for Mel.
son, that there is nothing in the
statute itself TO prevent man from contest
ing as many homestead and cash entries as he
may choose. A contest intended for the pur-
pose of speculation and actual5' offered for
sale is not contesting in good faith, and is
therefore invalid. Being invalid no rights
are acquired by virtue of it, This contest
having been declared of no avail, that of Mrs
Shaw is allowed to take effect. She should
upon aging land office fees, be allowed &c
enter the land in controversy. Nelson has
now $1,000 of Improvements on this land.
The question OF improvements, etc., does not
enter into the consideration of this case